Petitioner sought regular bail in a dowry death case. The court noted the trial is nearly complete and rejected the bail prayer, allowing renewal after one year if trial does not conclude.
Bail prayer rejected; liberty to renew prayer after one year if trial does not conclude.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8838 of 2022
Arising Out of PS. Case No.-243 Year-2019 Thana- BIHARIGANJ District- Madhepura
======================================================
DILIP SHARMA SON OF BECHAN SHARMA RESIDENT OF VILLAGERAHATA, P.S.- BIHARIGANJ, DISTRICT- WEST MADHEPURA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binay Kumar, Advocate For the Opposite Party/s : Mr. Murli Dhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
4 20-04-2022 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor appearing for the State.
The explanation vide letter No. 12 dated 4.4.2022 is
accepted.
Petitioner has renewed his prayer for regular bail in connection with Bihariganj P.S. Case No. 243/2019 registered for the offences punishable under Sections 304(B), 201 and 34 of the Indian Penal Code which was rejected earlier on merit by this Court vide order dated 4.12.2020 passed in Cr. Misc. 26463 of 2020 giving liberty to the petitioner to renew his prayer for bail after one year if the trial does not show any substantial progress.
This Court vide order dated 03.06.2020 had called for a
report from the trial court regarding stage of trial and in
Patna High Court CR. MISC. No.8838 of 2022(4) dt.20-04-2022 2/2
pursuance thereof, the report of learned ADJ-VIII, Madhepura, dated 4.4.2022 is on record and from perusal of the same, it appears that the trial is at the verge of completion and learned trial court has given the estimated time for conclusion of trial within one year.
In view of the fact that the trial is likely to be concluded within a short span of time, I am not inclined to grant regular bail to the petitioner at this stage.
Accordingly, the prayer for bail of the petitioner stands rejected.
However, the petitioner may renew his prayer for bail after one year if the trial does not conclude.
(Anil Kumar Sinha, J)
S.Ali/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail given the trial is nearing completion.
1 provisions across 1 enactments
DILIP SHARMA
The State of Bihar
ANIL KUMAR SINHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
